President Lee Jae-myung. Yonhap News

In July 2020, the Supreme Court en banc, led by Chief Justice Kim Myeong-su, remanded the case of then-Gyeonggi Province Governor Lee Jae-myung regarding the "false statement on the forced hospitalization of his older brother" with a ruling of acquittal.

The court of first instance had acquitted Lee of all charges, arguing that his statements were ambiguous. However, the second court found him guilty, imposing a fine of 3 million won, stating that his claim during a debate that "there was no directive for forced hospitalization" was a clear falsehood. Under the Public Official Election Act, this amounted to a sentence that would invalidate his election.

The Supreme Court, however, overturned the second-instance ruling, stating that "remarks made during a debate are often impulsive and carry strong political context, and therefore cannot be definitively labeled as false in a fragmentary manner."

With this single decision, Lee Jae-myung escaped political death; the final stage of the three-tier judicial system served as the starting point that allowed him to ascend to the presidency today.

Yet, that Supreme Court ruling immediately sparked controversy. Critics argued that it "excessively expanded the scope of freedom of expression" and "neutralized the original intent of the law against the dissemination of false information." In short, while the ruling saved Lee, it left questions regarding legal consistency and political neutrality.

Now, five years later, the scene has been reversed.

This time, the issue concerns President Lee Jae-myung’s dissemination of false information regarding the Daejang-dong and Baekhyeon-dong development projects.

The first court found some of his statements to be false and declared him guilty, a ruling that was overturned by the second court, which acquitted him of all charges. However, this year, the Supreme Court remanded the case again with a ruling leaning toward a guilty verdict. The final-stage judgment was now unfavorable to Lee.

Ironically, the three-tier judicial system that once saved him is now threatening his political fate.

It is precisely at this juncture that the Democratic Party is pushing for an amendment to the Public Official Election Act. Having already passed the Legislation and Judiciary Committee, it awaits only a plenary session vote. Scenarios are openly discussed wherein the party would immediately use the revised law as a countermeasure once the Supreme Court holds its hearing. This is why critics call it "political legislation" for his own benefit.

Meanwhile, the President stated at a Cabinet meeting that "the constitutional spirit dictates that if there is doubt, one must be found not guilty," criticizing the prosecution's practice of appealing and the three-tier judicial system itself. Minister of Justice Jeong Seong-ho echoed these sentiments, joining in the criticism of the system. While the stated goal is "institutional improvement," it is interpreted in reality as a political backlash against the Supreme Court’s ruling pointing toward a guilty verdict.

In 2020, he was saved by the three-tier judicial system. Now, however, he blames that same system because it is unfavorable, seeking to avoid it through legislative amendments—all while invoking the "spirit of the law" at a Cabinet meeting.

Can there be a clearer instance of self-contradiction? Nothing erodes public trust more than someone who uses the law as a shield preaching about the rule of law.

The three-tier judicial system is not perfect. Issues such as the prosecution's abuse of appeals, prolonged trials, and social costs are tasks that need improvement. But these discussions must be held for the sake of the people. The moment a president leads legislation to avoid his own judicial risks, and the Minister of Justice provides political backing, the rule of law becomes a servant to power.

Supreme Court rulings will always exist amidst controversy. But one thing is certain.

The moment you amend the law to fit your own destiny, the law is no longer the law.

The President, having forgotten that the three-tier judicial system once saved him, now blames the system while prattling about the constitutional spirit.

The public asks: "Does he who alters the law have the right to speak of the law?"

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